HIMANSHI JAIN & ASSOCIATES
Advocates & Legal Consultants
— CRIMINAL DEFENCE — BAIL, FIR, TRIAL —
Facing a Criminal case?
You have rights. Use them.
Whether you've been arrested, received a summons, had an FIR filed against you, or fear that one is coming — the first thing you need is a clear head and a lawyer who picks up the phone. Criminal matters move fast. Our office handles bail, FIR quashing, trial defence, and appeals in Delhi courts.
24 Hour Right to Bail Hearing
If someone has been arrested — every hour matters
Under Indian law, every arrested person must be produced before a Magistrate within 24 hours of arrest. They have the right to a lawyer, the right to know the grounds of arrest, and the right to apply for bail. For bailable offences, bail is a matter of right — it cannot be refused. If a family member has just been arrested, call immediately.
TYPES OF CRIMINAL MATTERS WE HANDLE
​Does any of this match your situation?
Criminal cases come in many forms. Here are the situations we deal with most often in Delhi courts.
(i)
Bail — regular, anticipatory, and interim
Someone has been arrested or is about to be. You need bail — urgently. Regular bail after arrest, anticipatory bail before arrest, or interim bail pending the main hearing. Every hour in custody counts.
Section 437/439 CrPC · Section 438 CrPC (Anticipatory Bail)
(iii)
498A and matrimonial criminal cases
A 498A case (cruelty by husband or in-laws) has been filed — sometimes genuine, sometimes misused as a pressure tactic during divorce or property disputes. Bail, quashing, and trial defence in these matters.
Section 498A IPC · Protection of Women from DV Act
(v)
​Criminal appeals and revisions
You've been convicted or an unfavourable order has been passed. You want to challenge it in a higher court. Appeals from Magistrate to Sessions, Sessions to High Court, and revision petitions.
Sections 374, 397, 401 CrPC
(vii)
Defamation and criminal intimidation
Someone has defamed you publicly or is threatening you with harm. Or you've been accused of defamation or intimidation. Both prosecution and defence in these matters.
Sections 499–500, 503–506 IPC
(ii)
FIR quashing
A false or malicious FIR has been filed against you. The allegations don't make out any offence, or the complaint is being used as a pressure tactic in a business or family dispute. You want the FIR cancelled by the High Court.
Section 482 CrPC · Article 226 of the Constitution
(iv)
Cheating, fraud, and breach of trust
Cases under Section 420 (cheating), 406 (criminal breach of trust), or 467–471 (forgery) — often arising from business disputes, property transactions, or financial dealings gone wrong.
Sections 406, 420, 467–471 IPC
(vi)
Police complaints and FIR registration
The police are refusing to register your FIR. Or you've been wrongly named in an FIR. Directions to police for FIR registration, or protection from wrongful arrest through court orders.
Section 154 CrPC · Lalita Kumari v. State of UP (2014)
KNOW YOUR RIGHTS
If you've been arrested or accused —
the law protects you.
Most people facing criminal matters for the first time don't know their basic rights. These are not optional — they are guaranteed by the Constitution of India.
(i)
Right to know the grounds of arrest
Under Article 22(1) of the Constitution, no person can be arrested without being told why. The police must inform you of the offence and show the arrest warrant (if any). You are not required to answer questions beyond your name and address.
(ii)
Right to a lawyer
Under Article 22(1), every arrested person has the right to consult and be defended by a lawyer of their choice. If you cannot afford a lawyer, the state must provide one free of cost under the Legal Services Authorities Act.
(iii)
Right to be produced before a Magistrate within 24 hours
Under Article 22(2), the police must present you before a Magistrate within 24 hours of arrest (excluding travel time). The Magistrate decides whether to send you to judicial custody or grant bail.
(iv)
Right to bail
For bailable offences, bail is a right — the police station or court cannot refuse it. For non-bailable offences, bail can be applied for before the Magistrate or Sessions Court. Even in serious cases, bail is the rule and jail is the exception.
(v)
Right to silence
Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves. You have the right to remain silent during police interrogation. Confessions made to police are not admissible in court.
(vi)
Right to a fair trial
Under Article 21, every person has the right to a fair, speedy, and public trial. The prosecution must prove guilt beyond reasonable doubt. You are presumed innocent until proven guilty. The burden of proof is on the prosecution, not on you.
HOW WE WORK
Our approach to criminal matters.
Criminal cases require speed, preparation, and an honest read on the situation. Here's what working with our office looks like.
(i)
Speed when it matters
Bail applications, anticipatory bail, and arrest situations cannot wait for office hours. When the matter is urgent, we move on the same day — filing applications, appearing before the duty Magistrate, or seeking emergency orders.
(ii)
Honest assessment before strategy
We tell you the realistic picture — how strong the prosecution's case is, what the likely outcome is, and what your options actually are. Not every case needs a full trial. Some are better resolved through quashing, compounding, or plea bargaining.
(iii)
No judgment, only defence
Our job is to defend your legal rights, not to judge you. Every person accused of a crime is presumed innocent until proven guilty — that's not just a principle, it's the law. Whatever the allegation, you deserve competent legal defence.
(iv)
Everything stays private
Criminal matters are sensitive — they affect reputation, employment, and family. What you share stays within the office. We don't discuss client matters outside professional channels, and the fact that you've consulted us is itself confidential.
(v)
Direct communication
You speak with Adv. Himanshi Jain directly — not a junior, not a clerk. Case updates come from the lawyer handling your matter. Court dates, hearing outcomes, and next steps are communicated promptly.
(vi)
Prepared for every hearing
Criminal courts run on preparation — knowing the case diary, the prosecution's evidence, the relevant precedents, and having your arguments ready before you walk in. Every hearing is prepared for, not improvised.
COMMON QUESTIONS
Straight answers to Common Worries...
POPULAR LEGAL QUESTIONS
Q My family member was just arrested. What should I do right now?
Call a lawyer immediately. The first priority is a bail application. Under Indian law, the arrested person must be produced before a Magistrate within 24 hours. For bailable offences, bail is a right and can often be obtained at the police station itself. For non-bailable offences, a bail application is filed before the court — in urgent cases, the same day. Don't sign anything at the police station without legal advice. Don't make any statements. Just get a lawyer there.
Q What is anticipatory bail and when should I apply?
Anticipatory bail is a pre-arrest bail — you apply for it before you are arrested, when you have reason to believe that arrest is coming. It's filed under Section 438 of CrPC before the Sessions Court or High Court. If granted, it means that even if the police try to arrest you, you are released immediately. It's commonly used in 498A cases, fraud allegations, and business disputes that may turn criminal. If you've received a notice to appear at the police station, or if someone has threatened to file a case — that's when you apply.
Q Can a false FIR be cancelled?
Yes — through the High Court. Under Section 482 of CrPC, the High Court has the power to quash an FIR if it finds that the allegations don't make out any criminal offence, the case is frivolous or vexatious, or allowing the case to continue would be an abuse of the legal process. FIR quashing is particularly common in 498A cases, fraud allegations used as pressure tactics, and business disputes dressed up as criminal complaints. The petition is filed directly in the High Court.
Q How long does it take to get bail?
It depends on the offence: For bailable offences, bail can be obtained at the police station or from the Magistrate the same day. For non-bailable offences, a bail application in the Sessions Court typically gets listed within 1 to 3 days. In urgent matters, courts can hear bail on the day of filing. Anticipatory bail applications in the High Court typically take 3 to 7 days. In extreme urgency, interim protection can be sought even before the main hearing.
Q The police want me to come to the station for "questioning." Should I go?
It depends on the notice. If it's under Section 41A CrPC (notice of appearance), you should comply — but you have the right to have your lawyer present. If it's informal ("just come and talk"), you are not legally obligated to go. In either case, don't go without speaking to a lawyer first. Don't sign any blank papers. Don't give a written statement without legal advice. And know that any confession made to the police is not admissible as evidence in court.
Q A 498A case has been filed against me and my family. What now?
498A (cruelty by husband or relatives) is a non-bailable, cognizable offence — which means the police can arrest without a warrant. The immediate step is to apply for anticipatory bail to protect yourself and your family members from arrest. After that, the strategy depends on the facts — whether the case is genuine, whether quashing is possible (particularly if divorce proceedings are ongoing), or whether compounding/settlement makes sense. Don't panic, but don't delay either.
Q I've been falsely accused in a business dispute. They're using the criminal system to pressure me.
This is very common in India — business disputes are frequently weaponised by filing criminal complaints for cheating (Section 420), breach of trust (Section 406), or forgery. The defence strategy is usually two-fold: (1) seek anticipatory bail or regular bail to prevent arrest, and (2) file a quashing petition before the High Court arguing that the dispute is purely civil in nature and no criminal offence is made out. Courts are increasingly recognising this pattern and quashing such FIRs. Bring all the underlying business documents — the contract, the communications, the payment history.
Q What happens if I don't get bail?
If bail is refused by the Magistrate or Sessions Court, you can apply to the next higher court. If the Sessions Court refuses, the High Court can still grant bail. If the High Court refuses, the Supreme Court can be approached in exceptional cases. There's also the concept of default bail under Section 167(2) CrPC — if the police don't file a charge-sheet within the prescribed period (60 or 90 days depending on the offence), the accused is entitled to bail as a matter of right. We track these timelines carefully.
TAKE THE NEXT STEP
REACH OUT
Criminal matters can't wait.
If someone has been arrested, an FIR has been filed, or you've received a police notice — get in touch now. The first few hours and days in a criminal case often determine how the rest of it goes.
​
The first call is short and without commitment. Tell us what's happened. We'll tell you straight what the law says and what needs to be done — today, not next week.